Denied and Opinion Filed August 20, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00958-CV IN RE ALEXIS DANIELLE ROSS, Relator Original Proceeding from the County Court at Law No. 7 Collin County, Texas Trial Court Cause No. 007-02732-2024 MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Garcia Before the Court is relator’s August 14, 2024 petition for writ of prohibition.

Relator asks this Court to issue a writ of prohibition against the trial court to prevent it from going forward on real party in interest’s motion to dismiss.

A petition for writ of prohibition must comply with rule 52 of the Texas Rules of Appellate Procedure. In re Medhanealem Eritrean Orthodox Tewahedo Church, No. 05-24-00638-CV, 2024 WL 2717721, at *1 (Tex. App.—Dallas May 28, 2024, orig. proceeding) (mem. op.). Here, however, relator failed to certify that she has reviewed her petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record. See TEX. R. APP. P. 52.3(j).

Even if this defect did not exist, a writ of prohibition has three functions: (1) preventing interference with higher courts in deciding a pending appeal; (2) preventing an inferior court from entertaining suits that will re-litigate controversies already settled by the issuing court; and (3) prohibiting a trial court’s action when it affirmatively appears the court lacks jurisdiction. In re City of Dallas, No. 05-22-00657-CV, 2022 WL 2737672, at *1 (Tex. App.—Dallas July 14, 2022, orig. proceeding) (mem. op.). We conclude that relator has presented no proper basis for this Court to issue a writ of prohibition here.

Accordingly, we deny relator’s petition for writ of prohibition. TEX. R. APP. P. 52.8(a).

/Dennise Garcia/ DENNISE GARCIA JUSTICE 240958F.P05

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